Copyright (c) 2013 Pace University All rights reserved. http://digitalcommons.pace.edu/lawdissertations Recent documents in Dissertations & Theses en-us Wed, 23 Jan 2013 18:17:55 PST 3600 http://digitalcommons.pace.edu/lawdissertations/11 http://digitalcommons.pace.edu/lawdissertations/11 Tue, 17 Jul 2012 09:26:37 PDT This thesis explains the Islamic law that applies the Quran and Sunnah as a constitution, and the concept of Rahma. It will emphasize this concept by explaining the rigid law of Hudod, then elaborating on Rahma.

]]> Saud Alhassan Saud Abdulaziz Al Saud http://digitalcommons.pace.edu/lawdissertations/10 http://digitalcommons.pace.edu/lawdissertations/10 Mon, 12 Dec 2011 08:35:53 PST This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact assessment; land use legislation; and market incentives for conservation. The article concludes that the principle of resilience is aimed at providing moral and ecological foundation for sustainable development and a green economy; to require judges, administrators and operators of law to consider the long-term consequences of their actions on nature and on future generations, thereby achieving better conservation patterns on a case by case basis; to enlighten legislators on how domestic environmental legislation can be improved; to impose an individual and societal moral obligation to respect and improve nature, and to live in harmony with it. Finally, the article proposes a legal framework for implementation of the principle in domestic and international environmental law.

]]> Lia Helena Monteiro de Lima Demange http://digitalcommons.pace.edu/lawdissertations/9 http://digitalcommons.pace.edu/lawdissertations/9 Wed, 19 Oct 2011 11:23:22 PDT The primary goal of this study is to strengthen the participatory environmental rights model in Principle 10 of the Rio Declaration on Environment and Development and similar regional provisions and to promote International Environmental Justice. The first part of the argument in this dissertation is that the three pillars of participatory environmental rights in Principle 10 of the Rio Declaration on Environment and Development and similar regional provisions need to be strengthened with a fourth environmental rights pillar in the form of a right of access to broad environmental education, which includes anti-corruption education, especially public sector corruption, in order for such participatory rights to contribute to environmental sustainability in developing countries in Africa. The second part of the argument in this dissertation is that a global environmental justice legal regime is required in order for developing countries in Africa to achieve environmental sustainability. This study is primarily a theoretical evaluation, and the rationale for this type of research is that this author considers that a law is only as effective as its weakest part. Therefore, inadequately developed laws will have limited effectiveness when implemented. The focus of this study is developing countries in Africa and Nigeria is used as the case study.

]]> Alali Tamuno http://digitalcommons.pace.edu/lawdissertations/8 http://digitalcommons.pace.edu/lawdissertations/8 Fri, 19 Nov 2010 08:56:41 PST This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to provide a theoretical understanding of legal and administrative alternatives which, in the context of globalization, would advance ongoing efforts to strengthen global environmental governance.

]]> Deepa Badrinarayana http://digitalcommons.pace.edu/lawdissertations/7 http://digitalcommons.pace.edu/lawdissertations/7 Fri, 17 Sep 2010 06:26:57 PDT Peace parks provide a land ethic that transcends borders and seeks to stabilize tensions between bordering States, honoring the unity of biosphere systems in its efforts to achieve peace, conservation and cooperation. In theory, peace parks recognize that humans and the biosphere are one and that natural resources, just as cultural resources, must be collaboratively protected. In the cases of inhabited border regions, peace park principles of holistic conservation, cooperation and peace require that local communities be incorporated into park management. I posit that this is all the more true for frontier communities in regions of conflict, weak governance or political instability. This paper examines legal frameworks for instituting peace parks by local communities themselves, when action on the part of their governments is absent or counter-productive. In doing so, I will comparatively analyze transboundary protected areas in different regions of the world, extracting useful legal mechanisms that best reflect peace park principles. I focus this study on transboundary mountain regions because they demonstrate many valuable attributes, such as forests or watershed tributaries, and are oftentimes inhabited by marginalized communities. Degraded environments and disenfranchised peoples are particularly vulnerable to conflict and border strife (they are difficult to defend or reach), making such areas particularly interesting for a study on cross-border collaborative conservation.

]]> Elaine C. Hsiao http://digitalcommons.pace.edu/lawdissertations/6 http://digitalcommons.pace.edu/lawdissertations/6 Thu, 19 Mar 2009 10:23:37 PDT This dissertation addresses the critical relationship between the tourism sector and sustainable development, examining global trends and the problems they raise, exploring the current set of solutions being implemented, and offering some new ideas for better managing the relationship. Among these, the most important and comprehensive is the “Climate and Sustainable Tourism Model” a framework developed to encapsulate many of the issues explored in this dissertation and offering insights for policy makers seeking to develop better solutions. Moreover, this dissertation acknowledges the continuing importance of market-based solutions for harmonizing the development of the tourism sector with the demands of sustainability. Likewise, it offers the “Development Cycle Model for Sustainable Ecotourism” and the “Environmental Impact Assessment Model for Community-Based Ecotourism Development,” each of which diagrams complex dynamics that can offer better outcomes if understood and managed correctly. For a variety of reasons, this dissertation concludes by offering suggestions for how the Kingdom of Thailand and the Association of Southeast Asian Nations, which rely heavily on tourism, can adopt these innovative ideas and reap considerable rewards.

]]> Navamin Chatarayamontri http://digitalcommons.pace.edu/lawdissertations/5 http://digitalcommons.pace.edu/lawdissertations/5 Wed, 10 Dec 2008 14:08:40 PST The primary aim of this thesis is to explore public participation in the environmental decision-making process for potential benefits in developing Korean environmental laws. Public participation contributes to sustainable development through effective environmental management; in addition, it improves accountability and transparency in the decision-making processes of governmental agencies as a complementary measure of direct and participatory democracy. Therefore, public participation is crucial not only to environmental protection but also to the development of democracy—two major concerns of Korea in the new Millennium.

]]> Byungchun So http://digitalcommons.pace.edu/lawdissertations/4 http://digitalcommons.pace.edu/lawdissertations/4 Thu, 18 Sep 2008 14:43:01 PDT Friedrich Soltau http://digitalcommons.pace.edu/lawdissertations/3 http://digitalcommons.pace.edu/lawdissertations/3 Fri, 04 Jan 2008 08:23:35 PST Victor M. Tafur http://digitalcommons.pace.edu/lawdissertations/2 http://digitalcommons.pace.edu/lawdissertations/2 Fri, 04 Jan 2008 08:11:07 PST Meshari K. Eifan http://digitalcommons.pace.edu/lawdissertations/1 http://digitalcommons.pace.edu/lawdissertations/1 Fri, 04 Jan 2008 08:06:30 PST Nada Al-Duaij